Current through August, 2024
(a) A claimant
shall be disqualified under section
383-30(3),
Hawaii Revised Statutes, if:
(1) The claimant
was offered employment or was directed to apply for employment by a public
employment office;
(2) The
prospective employment was suitable;
(3) The offer was refused or the claimant
failed to apply; and
(4) The
refusal or failure to apply was without good cause.
(b) An offer of work or referral to
employment shall be considered properly made when:
(1) At the time the offer was made or
referral was given, a job opening actually existed or the prospective employer
made a firm commitment to hire the claimant for a future job vacancy;
(2) The claimant knew and understood that an
offer or referral was being made;
(3) The claimant was given sufficient
information concerning the conditions of the job such as, but not limited to,
the duties, location of work, hours of work, wages, working conditions,
equipment needed, and union requirements if any, to determine the suitability
of the offer or the referral; and
(4) The claimant upon accepting a referral
was given adequate information as to where and how to apply.
(c) Suitable work means work in
the individual's usual occupation or work for which the individual is
reasonably fitted. In determining whether an individual is reasonably fitted
for a particular job, the department shall, among other factors, consider:
(1) The degree of risk involved to the
claimant's health, safety, and morals;
(2) The claimant's physical
fitness;
(3) The claimant's prior
training;
(4) The claimant's
experience;
(5) The claimant's
prior earnings;
(6) The length of
the claimant's unemployment;
(7)
The claimant's prospects for obtaining work in such claimant's customary
occupation;
(8) The distance of
available work from the claimant's residence; and
(9) The claimant's prospects for obtaining
local work.
(d)
Notwithstanding any other provisions in this section, no work shall be deemed
suitable and benefits shall not be denied under section
383-30(3),
Hawaii Revised Statutes, to any otherwise eligible individual for refusing to
accept new work under any of the conditions specified in section
383-30(3)(B),
Hawaii Revised Statutes.
(e)
Failure to apply for work includes, but is not limited to:
(1) Failure to report to a public employment
office on a call-in for a referral to work; or
(2) A refusal to accept a referral to work;
or
(3) After acceptance of the
referral, a refusal to apply to the employer for work.
(f) Refusal of work offer includes, but is
not limited to:
(1) Refusal of a job offer
made by an employer or by someone having authority to hire for the employer;
or
(2) After acceptance of a job
offer made by an employer, claimant's failure to report to work for that
employer on the first scheduled day of work.
(g) The disqualification under section
383-30(3),
Hawaii Revised Statutes, shall begin with the week in which the individual
would have started work had the offer of suitable work by the employer been
accepted by the individual.
